Rhode Island Supreme Court Overturns Family Court Divorce Ruling
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By
McIntyre Tate LLP
The Rhode Island Supreme Court recently overturned a post divorce ruling
by Judge Laureen D'Ambra in
Carny v. Carney. The dispute between the two divorced spouses centered on the interpretation
of a marital settlement agreement which called for the distribution of
marital assets upon the sale of the former marital domicile. The parties
disagreed about the trigger date for distribution. The Family Court trial
judge found that the marital settlement agreement was ambiguous and "apparently
assumed that it was the intent of the parties that their children remain
in the marital domicile until 2024." On appeal, the Supreme Court
agreed that the provision was "susceptible to two reasonable meanings"
but held that the trial judge "did not make sufficient factual findings
on the record with respect to the intent of the parties" and instead
merely "assumed" without proper evidence what the parties intent
was when entering the agreement. Accordingly, the court remanded the case
for further testimony and evidentiary determination of "the intent
of the parties at the time they entered into the agreement.
